Elder abuse and neglect makes a victim of vulnerable elderly residents who often rely on the caretakers to tend to their daily needs, including feeding, hygiene, and even shifting in bed. When neglected and left to care for themselves, these elderly residents are virtually helpless, and that isolation can often be overwhelming. Elder abuse and neglect takes on many forms, including physical, mental, and financial injuries. Further, these injuries can be the result of recurrent conduct or one single injury-producing event.
California Elder Abuse Attorneys You Can Trust
Our San Diego elder abuse attorneys have a depth of experience in dealing with nursing homes. Residents or patients of nursing homes oftentimes rely on the facility to tend to all of their daily needs, from feeding to shifting in bed to personal hygiene. The sense of helplessness that they feel when these needs are not promptly met can be overwhelming. Elder abuse and neglect can result from recurrent conduct or a single injury-producing event, and can be physical, mental, or financial. Examples of such abuse and neglect include allowing residents to develop bed sores, allowing residents to suffer malnutrition or dehydration, committing medication errors, allowing physical abuse to take place, failing to provide adequate supervision, or maintaining untrained or insufficient staff to meet the residents/patients needs.
Recognizing the egregiousness of the elder abuse and neglect problem in California, in 1991 the State Legislature passed the Elder Abuse and Dependent Adult Civil Protection Act (known as “EADACPA” or the “Act”). This legislation not only prohibits nursing home abuse and neglect, but it also allows victims to recover past and future medical expenses, attorney’s fees, and pain and suffering damages. Further, a person who suffers injury in violation of this Act can also be awarded enhanced or punitive damages against the facility.
How Our Elder Abuse Lawyers Can Help
Although the laws governing elder abuse and neglect cases provide victims with many avenues for recovery, proving a case of elder abuse and neglect under the provisions of EADACPA is extremely challenging for the average personal injury attorney. Therefore, it is critical for a victim of elder abuse to retain an attorney with extensive knowledge regarding elder abuse and neglect laws, and one with experience in litigating these types of cases. At Berman & Riedel, LLP, our San Diego elder abuse attorneys meet both of these criteria. Our knowledgeable and experienced team of legal professionals work tirelessly to build elder abuse and neglect cases by thoroughly reviewing medical records so as to completely understand our client’s injuries, hiring medical experts to determine exactly how the facility failed to uphold their obligations to our client, and ensuring all responsible parties are held accountable.
We pride ourselves on being diligent advocates for victims of injuries that result from elder abuse and neglect. If you or a loved one wishes to pursue an elder abuse or neglect claim, contact our San Diego office to arrange a consultations with one of our elder abuse and neglect lawyers to discuss your legal options. The attorneys of Berman & Riedel, LLP can offer knowledgeable and experienced advice on how to best protect your legal rights, don’t hesitate to give call our firm, we are happy to discuss your legal options. Initial consultations are always free of charge.
Our Firm Featured on the Local News After Obtaining $2 Million Settlement Against a Skilled Nursing Facility
One of our firm’s founding partners, elder abuse attorney William Berman, represented the family of a paralyzed man who fell out bed and bled to death at a San Diego County skilled nursing facility. Evidence points to the fact that the staff member on call was asleep on the job during the accident.
View local media coverage of the settlement in the videos below.
Past Elder Abuse Case Results
Below is a sampling of some of our elder abuse case settlements from San Diego and throughout California. For a full listing of case results from our San Diego accident lawyers please visit our case results page.
- Wrongful death due to elder abuse/neglect and lack of care at a Southern California based residential care facility – $2,200,000
- San Diego skilled nursing facility’s lack of care leads to wrongful death – $1,500,000
- Wrongful death at long term acute care facility due to elder abuse/neglect and failure to provide appropriate care – $1,125,000
- Elder abuse and failure to manage medication leads to nursing home resident’s death – $1,529,999
- Nursing home staff fails to report resident’s embolism – $750,000
- RCFE responsible for elder neglect – $1,050,000
- Hip fracture of RCFE resident in Southern California – $1,000,000
- Resident at RCFE suffers serious fall injury – $953,500
- Elder abuse and failure to detect and prevent pressure ulcers leads to death of resident – $1,700,000